Gender and the Prohibition of Hate Speech

Abstract

This article examines the current absence of legal regulation of gendered hate speech in Australia. Drawing on contemporary examples, the article compares hate speech directed towards women as women with other forms of hate speech, in particular racial hate speech, which is currently the subject of legal regulation in all Australian jurisdictions. The various laws regulating hate speech in Australia, civil and criminal, are discussed. Possible reasons for the failure to recognise gendered hate speech are canvassed and recommendations made for legislative change to recognise the harm it causes.